hipaa melissa privacy and - hcca official site · 2019-03-25 · chief compliance officer system...
TRANSCRIPT
3/14/2019
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HIPAA Privacy and
Social Media:
Or how to create a Culture of Confidentiality
Melissa Mitchell, JD,
CHC, CPC-A
Carlos Cruz, JD,
MHA
Five W’s of the “Speak Up” Culture
Melissa Mitchell, JD, CHC, CPC-A Chief Compliance OfficerSystem Director Medical Staff OfficeSinai Health SystemChicago, IL
[email protected]@melissajmitch
Carlos Cruz, JD, MHAChief Compliance OfficerTri-City Medical Center Oceanside, CA
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Culture of Confidentiality: HIPAA plus
Two Case Studies:
Sinai: Confidentiality on the brink
Tri-City: A new day…a new way
Lessons Learned
Questions
Agenda
Health Insurance Portability and Accountability Act of 1996
What were you doing in 1996?
What were you doing in
1996?
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Social Media: An Explosion
The New Norm
Used by 74% of internet users
80% using platforms to research physicians, hospitals, and medical news and information
Powerful Marketing Tool
General Information to the public
Sharing of experiences
Meaning…. HIPAA breaches INVOLVING
social media are on the rise!
Office of Civil Rights (OCR): responsible for enforcement of HIPAA
Penalties can be significant:
Civil Money Penalties: fines ranging from $100 –$1,500,000
Criminal Penalties: fines up to $250,000 and up to 10 years in prison
Other consequences of violating HIPAA include lawsuits, the loss of a medical license, or employee termination.
And don’t forget…. reputational harm! (Don’t be on the wall of shame).
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But really… why?
How do we usually approach HIPAA v. How we should
Protection
Under-inclusive
A tool
Promoting better care
Constantly evolving
Burdensome
Over-inclusive
A pain in the neck
Hindering care
Old school
The Case of the Nurse on Instagram
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But really… why?
We want to go above and beyond the requirements of HIPAA.
We want to evolve.
We want to maintain a confidential and empathetic environment for our patients.
We want to create a CULTURE OF CONFIDENTIALITY.
Creating and Maintaining a Culture of Confidentiality on the South and West sides of Chicago
Sinai Health System: 2016
Impact on privacy but also:
How Caregivers represent themselves
How Caregivers represent Sinai Health System
How Caregivers interact with each other
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Case Study #1Tri-City: A New Day…A New Way
Tri-city: A public hospital district
Opened in 1961; located in Oceanside, CA Community owned and operated
Serves the communities of Vista, Carlsbad and Public agency of the State of California
Affiliated with UC San Diego Safety net
Hospital (388 Beds); Two advanced clinical institutes for cardiovascular and orthopedic care; 700 physicians practicing in 60 specialties
Challenges Reduction in patient volumes Tightening of margins Loss of DSH $
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Build upon the foundation: Culture of Confidentiality
Project Timeline
Revise Privacy Training
Initiate Staff Rounding
Town Halls and Monthly Compliance newsletter
Educate operational leadership: help spread
the word
Build upon the foundation
Education, education, education
Relationship building and
communication
• Revise Current Training• Increase focus on
“Culture of Confidentiality” concept
• Initiated Staff Rounding• Compliance Newsletter• “Town Halls”
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Tri-City’s Culture of Confidentiality Journey:
“A journey of a thousand miles begins with a single step.”
Lao Tzu
“I am not sure what a “Culture of Confidentiality means…”
• The 5 W’s of Compliance • What does the concept mean? • How have other organizations dealt with
this issue?
Education, education, education
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Culture is changing…. slowly
Increase in Privacy issues being raised• Hotline, in person, via
Increase in Privacy-related questions• Consult requests
have increased since onset of program
A significant issue is discussed (and
used as a learning
opportunity)
The Case of the CT Scan Selfie
Privacy issue: Investigation and corrective action Radiology Team Inappropriate selfie California Department of Public Health report and
fines Media coverage Employee Corrective Action Plan
Education Provided
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But really… why?
Case Study #2
Sinai Health System:
Confidentiality on the Brink
Serving Chicago’s south and southwest side Safety Net 3 hospitals, 695 beds, 300 physicians, 1 Level I
trauma center, 1 community institute, 1 urban health institute, 4,000 Caregivers
Be Stronger
Care Harder
Love Deeper
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Culture of Confidentiality: From infancy to teenager
When I first asked people to speak up, this happened: [insert cricket noise here]
When I First Told People About the Culture of Confidentiality:
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“I am not sure this is a
compliance issue but…”
Then I became the social media police.
Someone said something bad about Sinai on Facebook Can I post a picture of
my Sinai badge?
What if I post on Facebook that I hate all my co-workers?
Someone is saying something mean on Twitter
Can my department create their own Twitter page?
Partnership with marketing and HR department
Education on separation of issues
Encouraging auditing and monitoring across the board
Emphasizing how we use the CoC to help us and to help us help our patients
Now the focus is collaboration.
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Top Down Approach
Education, education, education
Make it good, tell a story. NY Med
Tell a GOOD story.
Tell them WHY. Personal, reputational, and government repercussions.
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Top Down Approach
No man is an island
Collaboration is key
This is not just a compliance issue!
HR Marketing Operational
Top Down Approach
BE the social media police
Auditing and monitoring (you WILL find things)
Recruit others to do the same
Talk about your finds….a lot
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Top Down Approach
Respond quickly and effectively
Step one is always: “take it down” Nurse on Snapchat
You can ask questions during steps two through 100.
If you educate, repeat training steps: Tell a story Tell them why (personal,
reputation, and government repercussions)
Top Down Approach
Be ready to separate HIPAA and the CoC, if
necessary
Do you need a CoC? YES!
Do you need to report on CoCissues? MAYBE?
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Tell us about your social
mediavictories.
Tell us about your social
media challenges.
Tell us how you have changed your culture
(confidentiality-wise or
otherwise).
Questions?
Thank you!
Carlos [email protected]
Melissa [email protected]